Agreement between user and www.xendoo.com
Welcome to www.xendoo.com. The www.xendoo.com website (the “Site”) is comprised of various web pages operated by Xendoo. www.xendoo.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.xendoo.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.xendoo.com is an Online Accounting Services Site
Privacy
Your use of www.xendoo.com is subject to Xendoo’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic communications
Visiting www.xendoo.com or sending emails to Xendoo constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xendoo is not responsible for third party access to your account that results from theft or misappropriation of your account. Xendoo and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Xendoo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.xendoo.com only with the permission of a parent or guardian.
Service plans and billing
Xendoo services are pay-as-you-go and are charged at the beginning of your subscription term. Your subscription is monthly or annually. Monthly subscriptions renew automatically on the first of each month. There are no annual contracts, so you can cancel at any time with 30 days’ notice. If you elect to upgrade your plan during your subscription period and are paying annually, any incremental cost will be prorated over the remaining term of the subscription period and charged to your account. If you are paying monthly rates, you will be charged the new rate on the first of the following month.
Canceling
We require thirty (30) days’ notice of cancellation. If you request a cancellation within thirty (30) calendar days of the date you are onboarded, we will issue a refund for your first month of service, if you elected to pay monthly, or the amount of your annual subscription if you elected to pay annually, minus the costs of rendered services for periods beyond the first monthly reporting period. This policy applies to plan fees only. Any additional or add-on services rendered during this introductory period are not subject to refund.
Money Back Guarantee
Our confidence is reassuring! We want business owners / customers to love their experience with xendoo, and if you don’t, you can have your money back…it’s that easy. Our main focus is our customers and our goal with our money back guarantee is to take the risk away so you can enjoy the benefits and freedom of industry leading online bookkeeping, accounting, and tax returns. Everyone you know and serve, including yourself, will thank you!
Terms:
- You must purchase one of the xendoo pricing plans: Essential, Growth, Scale
- If, after 30 days of engagement and use with your dedicated bookkeeping team, you do not see the guaranteed results, we will refund your first monthly fee
Conditions:
- Your onboarding workshop must be completed
- You will provide all documentation as requested from your dedicated bookkeeping team (prior statements and/or reports, etc.)
- Services must go-live within one week of the start date
- All xendoo improvement suggestions must be implemented during go-live and maintained during the first 30 days
Guarantee:
- We are results-oriented! Your satisfaction is with our team, and supporting technology, to give you peace of mind is our guarantee
Catch up services
In addition to our monthly services, Xendoo provides catch-up services starting at $295 per month for past bookkeeping and prior years’ tax returns. We provide these services at an additional fee. Upon approving the scope of work, the catch-up services will be billed at the agreed-upon price and no refunds will be issued once the work has been completed and delivered.
Links to third-party sites / third-party services
www.xendoo.com may contain links to other websites (”Linked Sites”). The Linked Sites are not under the control of Xendoo and Xendoo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Xendoo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xendoo of the site or any association with its operators.
Certain services made available via www.xendoo.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.xendoo.com domain, you hereby acknowledge and consent that Xendoo may share such information and data with any third party with whom Xendoo has a contractual relationship to provide the requested product, service or functionality on behalf of www.xendoo.com users and customers.
No unlawful or prohibited use / intellectual property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.xendoo.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Xendoo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Xendoo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Xendoo content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Xendoo and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Xendoo or our licensors except as expressly authorized by these Terms.
Third-party accounts
You will be able to connect your Xendoo account to third party accounts. By connecting your Xendoo account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International users
The Service is controlled, operated, and administered by Xendoo from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Xendoo Content accessed through www.xendoo.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Xendoo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Xendoo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Xendoo in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Broward County, Florida. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class action waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XENDOO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
XENDOO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. XENDOO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XENDOO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XENDOO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination / access restriction
Xendoo reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xendoo as a result of this agreement or use of the Site. Xendoo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Xendoo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Xendoo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Xendoo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Xendoo with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to terms
Xendoo reserves the right, in its sole discretion, to change the Terms under which www.xendoo.com is offered. The most current version of the Terms will supersede all previous versions. Xendoo encourages you to periodically review the Terms to stay informed of our updates.
Cookie notice
Xendoo uses cookies to provide a better experience for its users. Please read the full cookie notice here.
Contact us
Xendoo welcomes your questions or comments regarding the Terms:
XENDOO, Inc.:
6700 N Andrews Avenue, Suite 300
Fort Lauderdale, Florida 33309
Email:
support@xendoodevelop.wpengine.com
Effective as of May 22, 2020
